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HomeMy WebLinkAboutOrdinance - 313-1925 - Defining Bus Services In The City - 08/13/19250 0 c • t ORDINANCE NO. 313 AN ORDINANCE defining bus servtee in the City, prescribing the method to obtain a franchise to operate such service herein, naming the requirements to obta in same, and the class of service to be rendered forbidding any person to operate any bus on a regular route (defining same) without having previously complied with the provisions of this Ordinance, and defining the class of persons who may operate such vehicles after a permit has been issued, and forbidding certain persons to drive or operate such; providing that the City shall be authorized to fix the routes to be used, the class of service, and schedules, and the rates to be charged, and that an annual franchise fee for supervision may be imposed by the City; fixing penalties for violationof any part hereof, and dedaring an emergency account of the need of such service being established before the opening of the Texas Technological College. and the necessity for regulation of such service. BE IT ORDAINED by the City Commission of the City of Lubbock, Texas. Section 1. Bus Service B defined to be the carrying of passengers for hire by motor driven vehicles over a regular route. A regular route is one whereon service is operated or solicited for as much as four hours in one day; _but it is not intended to include cab service over a fixed route to and from depots, nor motor vehicles operating to a regular destination more than five miles from the corporate limits making no stops ·outside the fire limits of the City The equipment for such service shall be a vehicle of not less than sixteen passenger carrying capacity, all seated on fixed seats, equipped with pneumatic tires throughout, capable of being entirely enclosed by doors of steel, wood or glass, or some combination thereof, ventilated and equipped with sufficient heating device to varm the interior thereof, and in good repair, during the months of January, February, March, Nov~er and December of each year, and such vehicle shall otherwise comply with the laws of this State regulating motor vehicles, and shall be kept at all times thoroughly sanitary. Section 2. Any person desiring to operate Bus Service herein, or partly within, this City, shall, before engaging in such enterprise, present to the City Commissio in wttting the route upon which he will operate the schedule of such service, the fare to be cha~gedl~ the kind and character of equipment to be used, the probable number of passengers per month who will use such service, a bond in the penal sum of $10,000 conditioned as afterwards named, shall satisfy the Commission that he is a proper person to whom a franchise may be granted, that the fares to be charged are reasonable, that he will operate such service is a safe and ade quate manner, and that a necessity exists for the establishment and operation of such service over the route named, whereupon, if the judgement of the City Commission is that all such matters are ~eg ular, necessary and reasonable, a franchise may be issued to the applicant, under the terms of this Ordinance, and such conditions as the Commission may prescribe. Such Bond shall be executed by some surety corporation authorized to do business in this State cover a perio d of not less than two years and be renewed every two years, payable, to the City for the use and benefit of such persons who may be physically injured in the operation of such service shall not be void upon first recovery, and when reduced by judgment or settlement shall be immediately restored to the penal sum, and shall be conditioned to protedt• ,, the City and public against injury to property from the operatiSn ~thereof. The City may charge and collect in advance an aanual franchise fee of $250.00 per vehicle. Section 3. No person who is afflicted with any communicable disease, near sighted, mained or color blind, or who drinks intoxicating liquors, or under the influence of any drug, shall be permitted to operate any such vehtcle licensed hereunder, nor shall such person sell or take up tickets for transportation thereon, and all operators shall be of the age of eighteen years, or over. I The name, age, residence for the pasc five years, and occupation for such period, whether convicted of any offense and what, of every person proposed to operate a licensed vehicle, shall be furnished in writing to the Commission for ten days previous to his engaging in the operation thereof, and if, upon inveatigati n of the application and the character of such person, it is found that he is sound, of good moral character, and otherwise complies with the provisions thereof, a permit will be issued by the Commission for such person to operate in the bus service, but no person shall e o operate without having first obtained such permit, and a fee of One dollar shall be paid for each permit issued. Section 4. Upon violation of the terms of this Ordinance, or any franchise issued hereunder, after ten days notice in writing, specifying the grounds of complaint distinctly, a bearing may be had before the City Commission as to the correctness of the complaint-which shall be under oath, and if such grounds of complaint be proven, such franchise may be foreited and the rights of the person holding same wholly terminated. Section S. Any person guilty of violating any portion of this Ordinance shall, upon conviction, be punished by a fine of not less than One Hundred Dollars nor more than Two Hundred dollars. Section 6. The fact that certain persons desire to establish bus service in certain portions of the City. the fact that same is badly heeded before the opening of the Texas Technological College in September of this year, and that such service should be strictly regulated, creates an emergency and public necessity that the rule requiring an ordinance to be read at more than One meeting before passage, be, and the same hereby is, suspended, and this ordinance enacted at the meeting of its introduction, and shall be effective at the end of ten days publication, and it is so ordered. Passed by unanimous vote, this the 13 day of August 1925, and approved F. R.. Friend, Mayor, City of Lubbock, Texas Attest J. R. Germany, City Secretary, City of Lubbock, Texas.